South Carolina General Assembly
112th Session, 1997-1998
Journal of the House of Representatives

FRIDAY, APRIL 25, 1997

Friday, April 25, 1997
(Local Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

We thank You, Heavenly Father, for these moments of prayer when we can concentrate our minds on You and away from the world, and thereby get our bearings. Teach us to know that the good we do today will last in happiness into tomorrow's activities. Make us so dedicated to the tasks at hand that we can think of every yesterday without regret and look to every tomorrow without fear. Grant to us a faith that persists, a hope that endures, a loyalty to the best that is unfailing.

Hear with favor, Lord God, in this our prayer offered in praise and thanksgiving. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

SENT TO THE SENATE

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.

H. 3619 -- Rep. Wilkes: A BILL TO AMEND SECTION 50-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL HUNTING OF MIGRATORY WATERFOWL ON CERTAIN PORTIONS OF LAKE MURRAY WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT, SO AS TO MAKE SUCH PROVISIONS APPLICABLE TO LAKE WATEREE.

H. 3807 -- Reps. Sharpe and Witherspoon: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GAME ZONES OF THIS STATE, SO AS TO REVISE THE COMPOSITION OF GAME ZONES 1 AND 2; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON FOR TAKING DEER IN GAME ZONES 1, 2, AND 4, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES IN GAME ZONES 1, 2, AND 4 SHALL ESTABLISH THE METHODS FOR HUNTING AND TAKING OF DEER AND SHALL SET OTHER RESTRICTIONS FOR HUNTING AND TAKING DEER; TO AMEND SECTION 50-11-390, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO DECLARE OPEN SEASONS AND SET BAG LIMITS AND METHODS OF HUNTING OF ANTLERLESS DEER, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT IN THIS REGARD; AND TO REPEAL SECTION 50-11-395 RELATING TO THE ISSUANCE OF ANTLERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4.

H. 4035 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION REPEAL: FILING AND SERVICE OF FORMS AND MOTIONS, TERMINATING TEMPORARY COMPENSATION BENEFITS, COMPENSATION RATE, AVERAGE WEEKLY WAGE, AND COMPENSATION RATE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2115, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4036 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO DAMS AND RESERVOIRS SAFETY ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2160, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3279 -- Reps. Meacham, Allison, Altman, Bailey, Barfield, Barrett, Battle, Baxley, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Cato, Cave, Chellis, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Hamilton, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Jordan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Martin, Mason, McCraw, McKay, McMahand, Miller, Moody-Lawrence, Neal, Neilson, Parks, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Sandifer, Seithel, Sharpe, Sheheen, Simrill, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilkes, Wilkins, Witherspoon, Woodrum, and Young-Brickell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-440 SO AS TO ENACT THE "PATIENT ACCESS TO OPTOMETRIC PRIMARY EYE CARE ACT" BY ESTABLISHING PARAMETERS WITHIN WHICH HEALTH CARE INSURERS THAT OFFER PRIMARY EYE CARE MUST PROVIDE THIS COVERAGE AND TO PROVIDE AN EQUITABLE REMEDY WHEN THERE ARE VIOLATIONS.

H. 3546 -- Reps. Knotts, Whatley, Bauer, Rice and Koon: A BILL TO AMEND SECTION 20-7-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING EMERGENCY PHYSICAL OR PROTECTIVE CUSTODY OF A CHILD BY LAW ENFORCEMENT OFFICERS, SO AS TO CHANGE THE TIME WITHIN WHICH THE DEPARTMENT OF SOCIAL SERVICES SHALL CONDUCT A PRELIMINARY INVESTIGATION TO DETERMINE WHETHER GROUNDS FOR ASSUMING LEGAL CUSTODY OF THE CHILD EXIST; TO PROVIDE THAT UPON CONCLUDING AFTER A PRELIMINARY INVESTIGATION THAT THE CHILD SHOULD BE RETURNED TO THE CHILD'S PARENT, GUARDIAN, OR CUSTODIAN, THE DEPARTMENT SHALL CONSULT WITH THE LAW ENFORCEMENT AGENCY RATHER THAN THE LAW ENFORCEMENT OFFICER WHO TOOK EMERGENCY PHYSICAL CUSTODY OF THE CHILD, AND THAT IF THE AGENCY OBJECTS TO THE RETURN OF THE CHILD, THE DEPARTMENT MUST ASSUME LEGAL CUSTODY OF THE CHILD UNTIL A PROBABLE CAUSE HEARING CAN BE HELD; TO CHANGE THE TIME WITHIN WHICH THE DEPARTMENT OF SOCIAL SERVICES SHALL CONDUCT A PRELIMINARY INVESTIGATION UNDER THIS SECTION TO NINETY-SIX HOURS RATHER THAN SEVENTY-TWO HOURS AFTER THE CHILD WAS TAKEN INTO EMERGENCY PROTECTIVE CUSTODY BY A LAW ENFORCEMENT OFFICER; TO PROVIDE THAT THE FAMILY COURT SHALL SCHEDULE A PROBABLE CAUSE HEARING TO BE HELD WITHIN NINETY-SIX HOURS RATHER THAN SEVENTY-TWO HOURS OF THE TIME THE CHILD WAS TAKEN INTO EMERGENCY PROTECTIVE CUSTODY OR WITHIN SEVENTY-TWO HOURS OF THE TIME THE CHILD WAS TAKEN INTO EMERGENCY PHYSICAL CUSTODY IF LEGAL CUSTODY SUBSEQUENTLY WAS ASSUMED BY THE DEPARTMENT; AND TO PROVIDE THAT IF THE FOURTH DAY, RATHER THAN THE THIRD DAY, FALLS UPON A SATURDAY, SUNDAY, OR HOLIDAY, THE PROBABLE CAUSE HEARING MUST BE HELD NO LATER THAN THE NEXT WORKING DAY.

H. 3770 -- Reps. Kelley, Harrison and Keegan: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH A PILOT CHILD PROTECTIVE SERVICES SYSTEM IN ONE REGION OF THE STATE WHICH ALLOWS THE DEPARTMENT TO DIVERT CHILD ABUSE AND NEGLECT CASES TO AN ASSESSMENT TRACK RATHER THAN FOLLOWING NORMAL PROTOCOL WHEN CERTAIN MORE SERIOUS FORMS OF ALLEGED ABUSE OR NEGLECT ARE NOT PRESENT; TO ESTABLISH THE PROCEDURES UNDER WHICH THE DEPARTMENT SHALL OPERATE THIS PILOT; TO REQUIRE THE DEPARTMENT TO REPORT TO THE HOUSE AND SENATE JUDICIARY COMMITTEES ON THE EFFECTIVENESS OF THE PILOT; AND TO PROVIDE FOR THE TERMINATION OF THE PILOT.

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 522 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DRUG EDUCATION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2129, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 513 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO INSTRUCTIONAL RESOURCES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2133, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 516 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STUDENT RECORDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2139, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 416 -- Education Committee: A BILL TO AMEND SECTION 59-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVALUATION OF AND PERFORMANCE STANDARDS FOR SCHOOL PRINCIPALS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH SCHOOL PRINCIPALS ARE EVALUATED AND PROVIDED DEVELOPMENTAL TRAINING.

S. 285 -- Senators Alexander and J. Verne Smith: A BILL TO AMEND CHAPTER 8, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "UNIFORM TRADE SECRETS ACT", SO AS TO, AMONG OTHER THINGS, CHANGE THE NAME AND SCOPE OF THE CHAPTER TO THE "SOUTH CAROLINA TRADE SECRETS ACT", CHANGE THE DEFINITION OF VARIOUS TERMS, ADD NEW DEFINITIONS, AND ADD CERTAIN PROVISIONS OF LAW.

ADJOURNMENT

At 10:45 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, April 29.

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